Pre- Trial Assets Forfeiture: Court Says Executive Order 6 Is Valid

A Federal High Court in Abuja has upheld the validity of the Presidential Executive Order 6 of 2018, which provides for the interim seizure of assets linked to ongoing criminal trials and investigations.

Delivering judgment on Thursday, on a case instituted by two lawyers, Ikenga Ugochinyere and Kenneth Udeze, Justice Ijeoma Ojukwu dismissed the suit for lacking in merit and affirmed that the President has the constitutional powers to issue the Order as long as it does not encroach into the principles of separation of powers.

Justice Ojukwu also held that the Executive Order was issued as a policy directive for the implementation of provisions of existing laws, adding that it also recognised the right of every citizen to approach the court for redress if aggrieved by enforcement of the Order.

The judge, however, explained that the interim forfeiture of assets linked to various offences or ongoing criminal investigations could only be enforced in line with the provisions of the law and this would not amount to an infringement of the rights of the affected persons.

Justice Ojukwu added that the coordinating role imposed on the Attorney General of the Federation by the Order was subject to section 174 of the Constitution and must be predicated of the existence of facts.

The plaintiffs instituted the action on July 5, 2018 days after the Executive Order was released claiming that the Order was an infringement of the principle of separation of power.